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(영문) 춘천지방법원 영월지원 2016.09.22 2016고합29
아동ㆍ청소년의성보호에관한법률위반(성매수등)
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 10, 2016, the Defendant issued 120,000 won for sexual traffic to juveniles D (M, 17 years of age) at the C parking lot located in Gyeonggi Kimpo-si, Kimpo-si, G, Kimpo-si on April 10, 2016, and had sexual intercourse with each other to purchase the sex of juveniles.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Written statements prepared by D;

1. Application of Acts and subordinate statutes, such as juvenile photographs and the state of attachment;

1. Article 13 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which prescribes the relevant criminal facts and the punishment therefor;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Where a conviction against the instant crime is finalized, the Defendant who is subject to registration of personal information under Article 21(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

Reasons for sentencing

1. Scope of applicable sentences under law: Six months to five years; and

2. The scope of different types of punishment on the sentencing guidelines [the types of punishment] shall be limited to the range of punishment on different recommendations (the scope of punishment on different recommendations], commercial sex acts subject to the age of 19, commercial sex acts subject to the purchase of sex by children and juveniles, and the types of Type 1 (the scope of punishment on recommendation]. From October to June 2.

3. The crime of this case by which the defendant purchased the sex of a juvenile, which may adversely affect the formation of a juvenile’s sexual values, and is not good for the crime to be committed as it also affects the establishment of a sound sexual culture in our society.

However, the defendant is divided into his own mistake and seriously reflects his fault, and there is no criminal record exceeding the same kind and fine for the defendant.

In addition, the defendant's age, sex, environment, and motive, means, and result of the crime.

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